Boarding policy good starting point

Diana Dygert, the co-owner and administrator of The Golden Casa, shows resident Hilda Colon, 79, a collage at the assisted living home in San Antonio on Saturday, Dec. 8, 2012. The Editorial Board encourages the City Council to approve the boarding-home ordinance.

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While not perfect, the city's proposed boarding-home ordinance establishes much-needed regulations for the approximately 200 such facilities in San Antonio.

The proposed ordinance, which will go before City Council for a vote today, focuses on building- and fire-code issues.

The new rules mandate indoor sprinklers and 24-hour staff in all boarding homes. They also establish building, fire and property maintenance standards. In addition, there are requirements for annual inspections, training and criminal background checks for staff.

Only two other Texas cities, Dallas and El Paso, have acted on the authority given to them by the state in 2009 to adopt ordinances to regulate boarding homes. San Antonio reviewed what the other cities are doing and adopted some of their best practices.

The city could have included many additional requirements in the boarding-home ordinance to safeguard tenants. We recognize the tough balancing act necessary to ensure that those providing these much-needed services are not driven out of business or motivated to move to unincorporated sites to remain free from regulation.

Addressing the basic building- and fire-code issues in boarding homes is a positive step. This ordinance has been long overdue, and we are glad to see the city moving forward with it.

The August fatal fire at the Amistad Residential Facility, which resulted in the death of four mentally disabled men, illustrates what can happen when no government regulations are in place. The outcome of that deadly fire could have been very different if the home had a sprinkler system and on-site staff.

Regrettably most boarding homes across the state have been operating under the radar since 2010, when the state stopped licensing them because very few operators applied for a license.

Adopting local ordinances to provide at least minimal oversight over these types of facilities is crucial to the health and safety of the individuals who reside in the homes. More local communities need to address this festering problem even though there is a hefty price tag associated with enforcement.

The City of San Antonio has a $750,000 budget to pay for the expenses related to enforcement of the new ordinance. Fines and fees are not expected to cover all the associated expenses.

Cities cannot afford to view this as an optional expense.

The need for the boarding facilities will continue to grow as the aging population increases. Adopting rules and regulations to ensure the safety of the tenants in these homes is good public policy.